THE City’s controversial fixed water, fixed sanitation and city-wide cleaning tariffs will come under judicial scrutiny when the matter comes before the Western Cape High Court on Tuesday.
The South African Property Owners Association (Sapoa) wants these tariffs or the City’s entire 2025/2026 budget, declared unconstitutional. A number of organisations including government departments have filed papers in support of Sapoa’s court bid.
A number of organisations including government departments have filed papers in support of Sapoa’s court bid. They include the National Department of Cooperative Governance and Traditional Affairs (Cogta), #SA1stForum, GOOD and the Cape Town Collective Residents Association, among others.
Sapoa’s main argument is that the fixed charges contravene the applicable constitutional and national legislative frameworks.
“The fixed charges are not service charges, but they are in fact disguised property rates. The question to be answered is whether it is legally permissible to levy tariffs against property owners for cleaning services based on the value-of their properties, regardless of whether the property owner actually receives such services at the property, or in the area of his or her property.
“Traditionally, due to the fact that sanitation’ sewerage output from a specific property cannot be measured, sanitation’ sewerage charges were calculated as a percentage of the relevant property's water consumption charges. This method of calculation meant that there was some correlation between a property's water use and its sewerage use. There is however, no rational connection between the cost of delivering sanitation services to residents and property value,” the association argues.
The South African Property Owners Association (Sapoa) challenges the City’s fixed water and sanitation tariffs in the Western Cape High Court, arguing they are unconstitutional and disguised property rates.
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